The trial of Santa Clara City Council Member Anthony Becker is scheduled to start on July 29, but with less than two weeks to go, a judge has yet to hear the motions filed by the prosecution and the defense.
The defense issued its subpoenas for potential witnesses in early July, well before the start of the trial. The prosecution filed motions against these subpoenas, contesting all of them according to the defense.
A hearing on the matter was supposed to take place on July 8, but the judge who had been hearing motions in the case was no longer assigned to that division of the Superior Court. A commissioner presided over the court instead, something Deputy District Attorney Jason Malinsky objected to.
Because either side has the right to object to a commissioner and request a judge, the hearing was reassigned to July 15.
On July 15, both sides again appeared before the commissioner, who stated a judge would hear the matter on July 23.
During the hearing, Deputy District Attorney Malinsky reiterated his objection to having a commissioner hear the matter.
Defense attorney Chris Montoya went on the record to say that the delay was “at no fault of the defense.”
He stated that the defense filed its subpoenas in a timely manner and that it was the People’s objection to the commissioner.
Montoya said while he understands that “the court has to do what the court has to do,” this second delay in the hearing pushes things back another week. There is less than a week between the hearing on these subpoenas and the scheduled start of the trial.
When asked after the hearing what subpoenas the prosecution was objecting to, Montoya said, “All of them.” He would not elaborate on the list of people subpoenaed.
A representative for Jeremy Schmidt, the president of the Santa Clara Police Officers’ Association, was present at the hearing. A representative for the Hearst Corporation, which owns the San Francisco Chronicle, also called into the hearing.
Becker faces felony charges of perjury and violation of duty. He has pleaded not guilty. The Becker trial is supposed to start on July 29.
Related Posts:
Judge Offers Narrow Ruling in Becker Pitchess Hearing
Becker Pleads “Not Guilty” To Charges Of Perjury And “Violation Of Duty”
“A representative for Jeremy Schmidt, the president of the Santa Clara Police Officers’ Association, was present at the hearing.”
.
No wonder Haugh’s blog has missed three days of posting, SCPOA union members haven’t had any fresh content to feed him.